PIARE LAL Vs. NIHAL SINGH

JUDGEMENT

(1.) THIS defendants' second appeal is directed against the judgment and decree dated March 11th, 1987 passed by District Judge, Jind affirming the judgment and decree dated August 23rd, 1986 of Sub Judge First Class, Safidon whereby suit for possession of the shop situated near railway crossing gate, Safidon described in the head note of the plaint together with a decree for recovery of Rs. 1,787.50 paise and mesne profits at the rate of Rs. 325/ - per month till vacation of the premises by the defendant, was decreed. Nihal Singh -plaintiff filed suit for possession and recovery of arrears of rent pleading that he had let out his shop to the defendant and the tenancy came to an end on August 31st, 1982. The defendant was however, continuing as tenant by holding over after that date. A notice to vacate the shop was issued to the defendant on January 10th, 1983 under Section 106 of Transfer of Property Act. It was also pleaded by the plaintiff that the premises had been constructed in 1977 and it was, therefore, exempted from the provisions of the Haryana Urban (Control of Rent & Eviction) Act, 1973 (for short "the Rent Act") for a period often years from the date of construction.

(2.) THE defendant contested the suit and filed writ -ten -statement pleading therein that Civil Court had no jurisdiction and the plaintiff should have his remedy under the Act.

(3.) WHETHER the Court has no jurisdiction to try the suit? OD